Explanatory Statement
Civil Aviation Regulations 1988
Direction under regulation 209 — conduct of parachute training operations
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 209 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the operator and the pilot in command of an aircraft engaged in a private operation must comply with the provisions of CAR 1988 and the Civil Aviation Safety Regulations 1998 (CASR 1998) and with such additional conditions as CASA from time to time directs in the interest of safety (a CAR 209 direction).
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Background
The dropping of parachutists engaged in training operations is regarded by CASA as a private operation. These operations are regarded by CASA as being in a separate category from those operations involving parachuting as a sporting activity carried out by established clubs. The second category is carried out in accordance with authorisations and specifications, issued under regulation 152 of CAR 1988.
This instrument contains directions relating to aircraft engaged in parachute training operations by organisations that are members of the Australian Skydiving Association (the ASA). It repeals and replaces a previous direction (CASA 10/15). Instrument CASA 10/15 (the repealed instrument) addressed issues raised in relation to the requirements for operation in controlled airspace and remaining clear of a specified restricted area.
The repealed instrument was intended to clarify that Air Traffic Control (ATC) could assign to the pilot in control of a parachute jumping exercise the responsibility for remaining clear of an adjacent restricted area. This provides an acceptable level of safety as well as reducing ATC workload by removing the requirement for ATC to apply and monitor separation between the parachute aircraft and the restricted airspace boundaries.
However, it has been found to contain a wrong cross-reference in subsection 11 (4) which referred to subsection 11 (2) instead of 11 (3). Subsection 11 (4) was intended to deal with how the pilot of a jump aircraft could discharge his responsibilities in relation to an adjacent restricted area, an issue to which subsection 11 (3) applied. Subsection 11 (2) deals with how an aircraft had to use its VHF radio transceivers to communicate with ATC.
Subsection 11 (4) as corrected states that the jump pilot is able to discharge his or her responsibility under subsection 11 (3) by not entering the restricted area and is not required to maintain a minimum distance from it.
No other changes have been made to CASA 10/15.
Legislative Instruments Act 2003 (the LIA)
The direction is considered to be a legislative instrument for section 5 of the LIA. It is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Before the repealed instrument was made, consultation was undertaken with Airservices Australia, as the organisation responsible for air navigation services, including ATC, and the ASA. The ASA represents organisations and operators engaged in parachute training operations that are affected by this instrument. For this reason, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
This instrument only corrects what is clearly an incorrect cross-reference in the repealed instrument. No other alteration was made.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the direction is covered by a standing agreement between CASA and OBPR under which a RIS is not required for a direction (OBPR id: 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by the Associate Director of Aviation Safety as a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day after registration and expires at the end of January 2017, as if it had been repealed by another instrument.
[Instrument number CASA 12/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Direction under regulation 209 — conduct of parachute training operations
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This legislative instrument contains directions relating to aircraft engaged in parachute training operations by organisations that are members of the Australian Skydiving Association Inc.
The purpose of this legislative instrument is to significantly improve the safety of parachute training operations by directing compliance with conditions relating to maintenance of aircraft, conduct of operations, equipment, communication and air traffic control clearance. It also corrects an error in the instrument which it replaced.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority